Credit toward child support ??

[fairisfair]

What is the name of your state? Arizona

Just a note, while reading my court documents for the gazillionth time today, I noticed something of interest. In the court documents and specifically in the section regarding providing of financial information for child support, I noticed that it specifically asks the Respondent to supply to the court, all receipts and cancelled checks for any monies paid in advance to the proceedings, for the purpose of child support, for which the Respondent wishes to be credited for by the court.

Could it be, that we are in fact incorrect in our assumption that all monies paid to a CP outside of, or before a court order, will in fact be considered gifts?? Because this certainly now does not appear to be the case in my state. Or could it be that the court asks for those documents, but rarely grants credit on them??

Not looking for answers specific to my case, goodness knows I have no problem with him paying anything, inside or outside of a court order, but just questioning the idea in general.

 

[CJane]

Could it be, that we are in fact incorrect in our assumption that all monies paid to a CP outside of, or before a court order, will in fact be considered gifts??.

The same language is in the support orders for my ex-husband as well. BUT... this only applies to arrearages owed. The order for CS was signed by the judge in April, to be in effect as of April 4. However, the court did not notify the ex until June. So, he was already in arrears by 3 months when they notified him that there was an order for support. IF he'd paid anything to me prior to receiving the order, I could have signed a statement saying so, and he would have been credited that amount. If that amount was MORE than the arrearages, he would not have been credited against future payments, or been due a refund. Likewise, if there had been no arrearages at all, and he had been paying me sans order, he would not have been given a future credit, nor a refund.

Does that make sense?

 

[fairisfair]

The same language is in the support orders for my ex-husband as well. BUT... this only applies to arrearages owed. The order for CS was signed by the judge in April, to be in effect as of April 4. However, the court did not notify the ex until June. So, he was already in arrears by 3 months when they notified him that there was an order for support. IF he'd paid anything to me prior to receiving the order, I could have signed a statement saying so, and he would have been credited that amount. If that amount was MORE than the arrearages, he would not have been credited against future payments, or been due a refund. Likewise, if there had been no arrearages at all, and he had been paying me sans order, he would not have been given a future credit, nor a refund.

Does that make sense?

Yes, that makes sense in your case, but this wording is in the establishment paperwork. There is no current order. and so therefore, no arrearages.

 

[Ohiogal]

Yes, that makes sense in your case, but this wording is in the establishment paperwork. There is no current order. and so therefore, no arrearages.

It would have to proven that the checks were strictly for child support, intended as child support and accepted as such. Producing the checks is just the first step. it is not a guarantee and more often than not any monies paid are strictly gifts.